This legislation is of the most comprehensive character. It brings within the habeas corpus jurisdiction of every court and of every judge every possible case of privation of liberty contrary to the National Constitution, treaties, or laws. It is impossible to widen this jurisdiction

As the Supreme Court noted shortly after the passage of this Act, "It is impossible to widen this jurisdiction."

In 1867, Congress granted federal courts expansive jurisdiction to grant writs of habeas corpus to prisoners held by state authorities in violation of the Constitution or the laws of the United States.

On February 17, 1868, the Court dismissed the government's argument that the Court lacked jurisdiction to hear the case.

The Act was "of the most comprehensive character," bringing "within the habeas corpus jurisdiction of every court and of every judge every possible case of privation of liberty contrary" to federal law.

—holding that only allowing right of appeal to attach to all judgments of circuit court would satisfy "spirit and purpose of the law" in question

We also note that two of the cases the dissent cites from the 1800s that include the term "admitted to bail on his own recognizance" required an amount of security to be posted prior to being released

The Judiciary Act of 1867 was enacted to protect Black Americans from unfair imprisonment by local courts and so granted federal courts “stunning” authority, including “supervisory power over the state courts” for the first time.

[CITATION] Journal of Land Use & Environmental Law